1. What is an Australian partner visa?

An Australian partner visa is a permanent residence visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia.

2. Who can apply for an Australian partner visa?
You can apply for an Australian partner visa if you are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet certain requirements for the length and genuineness of your relationship.

3. What is considered a de facto relationship?
A de facto relationship is defined as a committed personal relationship between two adults who are not married to each other but have been living together on a genuine domestic basis for at least 12 months.

4. Can same-sex couples apply for an Australian partner visa?
Yes, same-sex couples are eligible to apply for an Australian partner visa as long as they meet the same requirements as opposite-sex couples.

5. Do I need to be in Australia when applying for a partner visa?
No, you can apply from within or outside Australia for an offshore or onshore partner visa respectively. However, if you are applying from within Australia, you must hold a valid temporary visa that allows you to lodge a further application onshore.

6. How long does it take to process an Australian partner visa?
The processing time varies depending on the type of partner visa and individual circumstances. On average, it takes between 12-18 months for offshore applications and 24-30 months for onshore applications.

7. Can I work while waiting for my partner visa to be processed?
If you hold a valid bridging visa (granted when you applied onshore), you may be able to work while waiting for your partner visa application to be processed. Additionally, if you hold another valid work permit such as a student or employment sponsored visas, you can continue working under those visas until they expire.

8. What are the financial requirements for an Australian partner visa?
To apply for an Australian partner visa, you must be able to demonstrate that you and your sponsoring partner can meet the financial requirements set by the Australian government. This includes providing proof of income, assets, and/or a written assurance from an approved third party.

9. Can I include my children in my partner visa application?
Yes, you can include dependent children in your partner visa application. They must meet certain eligibility criteria and additional documents may be required to prove their relationship with you or your sponsor.

10. What happens after I receive my partner visa?
Once your partner visa is granted, you will have permanent residency in Australia and can live, work, study and access government services. After two years, if still in a genuine and ongoing relationship with your sponsor, you can apply for permanent residency.

2. Who is eligible to apply for an Australian partner visa?

Eligibility for an Australian partner visa depends on the type of relationship between the sponsor and applicant. Generally, applicants must be in a genuine and ongoing relationship with their Australian partner who is either an Australian citizen, permanent resident or eligible New Zealand citizen.

Applicants must also meet age and health requirements, pass character checks, provide evidence of a mutual commitment to a shared life together, and meet certain financial criteria to ensure they will not require government support.

There are different requirements for de facto partners (both same-sex and opposite-sex relationships) and married partners. It is important to consult the Department of Home Affairs website for specific eligibility requirements based on your situation.

3. What are the requirements for an Australian partner visa?

To apply for an Australian partner visa, the following requirements must be met:

1. Genuine and ongoing relationship: You and your partner must have a genuine and ongoing relationship. This means that you are in a committed and exclusive relationship, both parties have a shared life together, and have a mutual commitment to each other.

2. Eligibility as partners: You and your partner must be eligible as partners under the Australian law. This includes being in a married or de facto relationship.

3. Sponsorship: Your partner must be an Australian citizen, permanent resident or eligible New Zealand citizen to sponsor you for the visa.

4. Age requirement: Both you and your partner must be at least 18 years old.

5. Good health and character: You and your partner will need to meet the health and character requirements set by the Australian government.

6. Evidence of cohabitation: You must provide evidence that you have been living together for at least 12 months if applying based on a de facto relationship.

7. Financial support: The sponsoring partner must show that they can financially support their partner in Australia through employment or other means, such as savings or assets.

8. Visa application fee: There is a non-refundable fee for applying for an Australian partner visa.

9. Meet minimum household income requirement (if applicable): If applying based on marriage, the sponsoring spouse will need to meet certain income requirements to prove their ability to financially support their spouse in Australia.

10. Meet English language requirement (if applicable): If applying based on a de facto relationship, one of both partners may need to demonstrate their proficiency in English through language testing or exemptions may apply depending on country of origin or education background.

4. Can I apply for a partner visa if my partner is an Australian citizen or permanent resident?

Yes, if you are in a genuine and committed relationship with an Australian citizen or permanent resident, you may be eligible to apply for a partner visa. This visa allows the partner of an Australian citizen or permanent resident to enter and live in Australia permanently. The sponsoring partner must be willing to provide financial and emotional support for their partner’s initial settlement in Australia. Both parties need to meet the eligibility criteria and submit evidence to prove the genuineness of their relationship.

5. How long does it take to process an Australian partner visa?

The processing time for an Australian partner visa varies depending on the type of visa and individual circumstances. The current estimated processing time for a subclass 820/801 Partner Visa is between 14-20 months, while the processing time for a subclass 309/100 Partner Visa is between 15-19 months. These processing times may also be affected by the number of applications received and any additional information or documentation required. It is recommended to regularly check the Department of Home Affairs website for current processing times.

6. What documents do I need to submit with my application for a partner visa?

The specific documents required may vary depending on your individual circumstances and the country in which you are applying for the visa. However, some common documents that may be required include:

1. Proof of identity for both partners (such as passports or birth certificates)
2. Evidence of your relationship, such as photos together, joint bank statements or bills, and letters or emails exchanged
3. Proof of ongoing communication and contact between you and your partner (e.g. phone records or travel itineraries)
4. Marriage or civil partnership certificate (if applicable)
5. Evidence of any previous marriages or relationships for both partners
6. Evidence of financial support and dependence between you and your partner, such as joint bank accounts, shared property or assets, or a joint lease agreement
7. Police clearance certificates for both partners from all countries they have lived in for more than 12 months in the past 10 years
8. Medical examinations to show that you meet health requirements
9. Sponsorship form by the sponsoring partner in Australia with supporting documentation to show their ability to support you financially during your stay in Australia
10. Proof of adequate health insurance coverage for the primary applicant
11. Character references from friends, family members, or employers.

It is important to check the specific requirements for your country of application on the Department of Home Affairs website before submitting your application to ensure you have all necessary documents.

7. Do I need to be married to my partner to apply for a partner visa?

No, you do not need to be married to your partner to apply for a partner visa. There are other types of partner visas available for de facto partners or registered relationships, as long as you can provide evidence that you have been in a genuine and committed relationship for at least 12 months.

8. Can same-sex couples apply for an Australian partner visa?

Yes, same-sex couples are eligible to apply for an Australian partner visa. The Australian government recognizes same-sex relationships and allows same-sex partners of Australian citizens or permanent residents to apply for the Partner Visa (subclass 820/801) or Prospective Marriage Visa (subclass 300). This also applies to de facto relationships, meaning that individuals do not have to be married in order to apply for the partner visa as long as they can prove their genuine and committed relationship.

9. Is there a minimum age requirement for a sponsor of a partner visa in Australia?

Yes, the minimum age requirement for a sponsor of a partner visa in Australia is 18 years old.

10. Do I need an English language test for an Australian partner visa?

Yes, you and your partner will both need to provide evidence of English language proficiency as part of the Australian partner visa application. This can be done through either completing an English language test or by providing alternative documentation such as a valid passport from an English-speaking country or completing a minimum of five years of education in English. The level of proficiency required will depend on the visa stream you are applying for. It is important to check the specific requirements for your chosen visa subclass before applying.

11. Will I be able to work in Australia while on a Partner Visa 309?

Yes, you will be allowed to work in Australia while on a Partner Visa 309. This visa allows the holder to work, study, and live in Australia temporarily until a decision is made on the permanent Partner Visa 100 application. Once the permanent visa is granted, you will have full working rights in Australia.

12. How long will my Partner Visa 309 be valid for once it is granted?

Your Partner Visa (subclass 309) will be valid until a decision is made on your permanent Partner visa (subclass 100). Once the subclass 100 visa is granted, your Partner Visa (subclass 309) will no longer be valid. The processing time for the Permanent Partner Visa can vary and can take up to 21 months after the initial application is made. However, this time may vary based on individual circumstances. It is important to note that the subclass 309 visa has a travel facility of up to five years, allowing you to enter and leave Australia as many times as you wish within that period.

13. Can I travel outside of Australia while on a Partner Visa 309?

Yes, you can travel outside of Australia while on a Partner Visa 309. However, you must inform the Department of Home Affairs of your travel plans before leaving Australia. You will also need to obtain a return visa or apply for another visa in order to re-enter Australia as your Partner Visa 309 is only valid for entry once and does not allow multiple entries. Additionally, you must ensure that you meet all other requirements set by the Department of Home Affairs, such as maintaining a genuine and ongoing relationship with your partner and meeting any necessary health and character requirements.

14. Can I include dependent children in my application for an Australian Partner Visa 309?

Yes, dependent children can be included in your application for an Australian Partner Visa 309. Dependent children are defined as unmarried children under the age of 18 at the time of application who are financially dependent on you and who have not formed a de facto relationship or married. Your dependent children will also need to meet health and character requirements.

15. How much does it cost to apply for an Australian Partner Visa 309?

The cost of applying for an Australian Partner Visa 309 is currently $7,715 AUD. This includes the visa application fee and the additional surcharge for biometrics (if applicable). Other costs that may be incurred include health examinations, police checks, and translations of documents. The cost may also vary depending on individual circumstances and changes in fees set by the Australian government. It is recommended to check the current fees before submitting an application.

16. Is there any financial requirement for the sponsor of a Partner Visa 309 in Australia?

Yes, there are financial requirements for the sponsor of a Partner Visa 309 in Australia. The sponsor must be able to demonstrate that they can provide financial support for their partner during the initial stages of their stay in Australia, and that they have enough income and assets to support both themselves and their partner without relying on welfare assistance. The specific financial requirements may vary depending on factors such as the sponsor’s location, living arrangements, and family composition. It is important for the sponsor to carefully review and understand these requirements before applying for the visa.

17. What happens if my relationship ends before the grant of the Partner Visa 309?

If your relationship ends before the grant of the Partner Visa 309, you may still be able to apply for the visa under certain circumstances. You can seek legal advice to explore your options and determine the best course of action for your situation. Some potential options may include applying for a waiver of the joint application requirement, providing evidence that your relationship ended after lodgment but before decision, or withdrawing your application and applying for another visa. It is important to note that any false or misleading information provided in your application could impact future visa applications and may result in cancellation of any existing visas.

18.Can I include my de facto spouse as a dependent on my application for an offshore provisional Partner Visa 309?

Yes, you can include your de facto spouse as a dependent on your application for an offshore provisional Partner Visa 309. According to the Australian Department of Home Affairs, a de facto partner is someone who is in a relationship with you similar to a marriage, but not legally married to you. This type of relationship must have lasted for at least 12 months before the date of application, unless there are exceptional circumstances.

You will need to provide evidence that proves your genuine and ongoing relationship with your de facto partner. This may include documents such as joint financial statements, shared lease or rental agreements, joint utility bills, and evidence of communication and visits between you and your partner.

It’s important to note that if your de facto partner is also applying for a visa with you, they will need to meet all of the eligibility requirements for the Partner Visa 309 as well.

If your de facto partner does not meet the requirements for this visa subclass, then they may be eligible to apply as a secondary applicant on another type of visa, such as a visitor visa or student visa.

It’s always best to consult with a registered migration agent or the Australian Department of Home Affairs before lodging any visa application to ensure that you have included all relevant information and evidence.

19.What are the conditions of the Offshore Provisional Partner Visa 309?

The conditions of the Offshore Provisional Partner Visa 309 include the following:

1. Sponsorship condition: The visa holder must have a valid sponsor who is an Australian citizen, permanent resident or eligible New Zealand citizen.

2. Must be in a genuine and ongoing relationship with the sponsoring partner.

3. Must not marry or enter into a new de facto relationship before the visa is granted.

4. Must meet health and character requirements.

5. Must not have any outstanding debts to the Australian government.

6. Must maintain adequate health insurance while in Australia (if required).

7. Must inform the Department of Home Affairs of any changes to personal circumstances, such as change of address or contact details.

8. Must live with the sponsoring partner in a genuine and domestic-based relationship once in Australia.

9. May be eligible to work and study in Australia.

10. May be subject to further sponsorship and eligibility checks before being granted permanent residency through the subclass 100 visa (usually after two years).

11. Must comply with all Australian laws and regulations during their stay in Australia.

12. May have restrictions on travel outside of Australia until granted permanent residency through subclass 100 visa.

13. If granted temporary visa while outside of Australia, must enter within specified timeframe given by department (usually within six months).

14. May not receive government financial assistance during their stay in Australia unless included under special arrangements (such as welfare payments for disability or parenting reasons).

20.Can I extend or change my offshore provisional Partner Visa 309 while in Australia?

Yes, you can apply for an extension or change to your offshore provisional Partner Visa 309 while in Australia. However, this will usually only be granted in exceptional circumstances and may require you to meet specific visa requirements and provide additional documentation. It is best to consult with a migration agent or the Department of Home Affairs for further information on the process and requirements for extending or changing your visa.